Texas DPS directed to increase new THC rule enforcement
View of hemp flowers at Empire Standard, a hemp extract processing and distribution plant, on April 13, 2021 in Binghamton, New York. (Photo by ANGELA WEISS/AFP via Getty Images)
AUSTIN - Texas Gov. Greg Abbott has directed the Texas Department of Public Safety to increase their enforcement action against hemp.
Abbott called hemp products dangerous in his Tuesday release. The governor previously vetoed legislation that would have banned their sale and possession.
Increased hemp enforcement
What's new:
The directive will have DPS toughen their action against vape and smoke shops that are now under new guidelines for selling hemp products.
Abbott included the following stipulations in his release:
- DPS’ Criminal Investigations Division (CID) will conduct targeted operations to identify vape and smoke shops of concern, then work with state, local, and federal partners, to perform inspections to determine legal violations.
- DPS CID Special Agents will leverage findings from these inspections to conduct undercover operations to identify unlawful activity, as well as initiate further criminal investigations.
- The DPS Crime Lab will conduct testing on any seized products from these investigations. CID Special Agents will follow up the investigations to bring charges against employees and shop ownership in violation of Texas law.
- DPS will leverage all federal and local law enforcement partnerships to further these investigations.
Gov. Abbott signs executive order banning sale of THC products to those under 21
Texas Gov. Greg Abbott on Wednesday signed an executive order banning the sale of hemp products to anyone under the age of 21.
‘Texas will protect children’
What they're saying:
"Texas will protect children from dangerous hemp products," said Abbott. "Today, I directed the Texas Department of Public Safety to increase surveillance and enforcement of any vape and smoke shop violating Texas law. Texas will prioritize protecting our children."
New Texas THC rules
Big picture view:
Vape and smoke shops, and any other physical or online vendor that sells hemp-derived THC in Texas, are now required to verify their customers are over 21. They run the risk of losing operation licenses if they fail to do so.
The first rule adopted prohibits sales of consumable hemp products to minors. The second mandates age verification for selling the products as a whole.
New Texas THC rule enforcement begins Wednesday
Emergency THC regulations put into place earlier in September will be enforced starting on Wednesday.
The reasons given for adopting the rules are to prevent minors from accessing and using the products, which they say have negative impacts on young brains; to prevent overall negative impacts on "general welfare and public safety"; and to comply with Abbott’s order.
Enforcement of the rules began on Oct. 1.
Texas THC executive order
The backstory:
Gov. Greg Abbott signed an executive order leading to the new rules on Sept. 10. The order mandates the following:
- Preventing sales to minors now making it a crime to sell hemp-derived products to them.
- Sales near schools, churches and other sensitive locations are not allowed under the executive order.
- Stores are not allowed to operate within 1,000 feet of those facilities.
- Enhanced testing and increased fees include ongoing monitoring for manufacturers, distributors and retailers.
- The State Health Department is to team up with Texas Alcoholic Beverage Commission on regulations.
- Stores who fail to comply could risk losing their licenses.
What is THC?
FILE - Flowering field of industrial hemp. (John Greim/LightRocket via Getty Images)
Dig deeper:
THC is an acronym for tetrahydrocannabinol, which is the active chemical compound in cannabis.
The compound produces a "high" when smoked, ingested, or otherwise consumed. Cannabis itself contains delta-9 THC in a high enough concentration to produce these effects, but hemp, which was legalized in the 2018 U.S. Farm Bill, does not.
Hemp does, however, contain a wide range of CBD (a non-psychoactive compound commonly used for mild therapeutic benefits) and psychoactive THC derivatives in negligible amounts. The THC derivatives, like delta-8 and THC-A, can be extracted from legal hemp and concentrated into effective volumes.
The Source: Information in this report comes from Texas Gov. Greg Abbott and previous FOX Texas Digital coverage.